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Amending expired H1B visa with valid H1 petition

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  • Amending expired H1B visa with valid H1 petition

    Hi,

    I have an approved H1B petition in 2008. But I never came to US on H1B and I don't have a H1B stamping on the visa. Iam now in the US on H4. If I get a job, can I apply for an amendment on this H1B petition and immediately start working? Or should I apply for a new H1B in 2013 cap? Am I exempt from the H1B cap for 2013? Can a different employer file for amendment on the same petition? Iam very confused. Please suggest.

    -AM4

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